HomeMy WebLinkAboutBIL 189 Draft 01 2002-2004OFFICE INFORMATION ONLY
Meeting: Council— May 5, 2004
Action: Close file. FC -248 forwarded negative recommendation. Council
Motioned to close file on Bill 189 which passed FC -248 was adopted
Re: Bill 189; Comm. 423; FC -248
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. 1E9
AN ORDINANCE AMENDING CHAPTER 2, OF THE HAWAII COUNTY
CODE 1983 (1995 EDITION), BY ADDING A NEW ARTICLE TO
PROVIDE FOR THE ESTABLISHMENT OF A SHIPPERS' WHARF
COMMITTEE TRUST FUND.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. The Shippers' Wharf Committee was originally organized in 1904 as an
incorporated association to collect and administer voluntary donations from import businesses at
the port of Hilo to combat plague and promote public health and safety. In 1940, the Shippers'
Wharf Committee was incorporated as an eleemosynary corporation, and in 1941, the State
courts declared the funds of the corporation to be charitable trust funds and established the
Committee members as trustees. In 1953, the corporation was legally dissolved, and the courts
transferred these non-public charitable trust fund assets, and the duty of administering the Trust,
to the Governor of the State of Hawaii. In April 2001, the Third Circuit Court of Hawaii
transferred the duty of administering the Trust from the Governor to the State Director of
Finance. In October 2003, the Third Circuit Court of Hawaii approved the transfer of the fund
from the State of Hawaii to the County of Hawaii and designated the Mayor of the County of
Hawaii its Trustee. The Mayor has designated the Director of Finance as the administrator of
the trust for the County of Hawaii.
SECTION 2. Chapter 2, of the Hawaii County Code 1983 (1995 edition), is amended by
adding a new article to be appropriately designated and to read as follows:
"Article . Shippers' Wharf Committee Trust Fund.
Section 2- . Establishment.
The Shippers' Wharf Committee was originally organized in 1904 as an incorporated
association to collect and administer voluntary donations from import businesses at the port of
Hilo to combat plague and promote public health and safety. In 1953, the corporation was
legally dissolved, and the courts transferred these non-public charitable trust fund assets, and the
duty of administering the Trust, to the Governor of the State of Hawaii. In October 2003, the
Third Circuit Court of Hawaii approved the transfer of the fund from the State of Hawaii to the
County of Hawaii and designated the Mayor of the County of Hawaii its Trustee.
Section 2- . Creation of fund.
Pursuant to section 10-12 of the Hawaii County Charter, a special fund to be known as
the Shippers' Wharf Committee Trust Fund is hereby created. This fund is a charitable trust
whose purpose is to promote public health and safety on the Island of Hawaii. The terms of the
trust state that funds must be used on the Island of Hawaii for the following purposes:
(1) For all matters relative to safeguarding public health and improving public
sanitation;
(2) To prevent the spread of and remove the possible causes of epidemics and
diseases dangerous to public welfare, such as bubonic plague, cholera, diphtheria,
smallpox, and other communicable diseases;
(3) To relieve from distress which may be occasioned by great public disaster or
destruction on a wide scale, such as from lava flows, tidal waves and earthquakes;
and
(4) To promote public safety.
Section 2- . Funding.
Funds in this trust consist of property and assets transferred to the County of Hawaii
from the State of Hawaii, as well as interest and other income earned on such property and
assets.
Section 2- . Expenditures from fund.
Expenditures shall be made in accordance with the terms of the trust and only be made
upon declaration of emergency by the Mayor of the County of Hawaii, or the Governor of the
State of Hawaii, or the President of the United States.
Section 2- . Annual reporting.
The Director of Finance shall file with the Attorney General an annual accounting,
showing in detail all receipts and disbursements, together with a full and detailed inventory of all
trust property under the Director's possession or control, and a listing of all requests for
disbursements from the trust, regardless of whether such requests were granted. "
SECTION 3. This ordinance shall take effect upon its approval.
��
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
RkMENCE: Comm. ---423
COUNCIL MEMBER, COi. VrY OF HAWAII
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo , Hawaii
Introduced By: Aaron S. Y. Ch
Date Introduced: May 5, 2004
First Reading: n/a
Published: n/ a
REMARKS: May 5, 2004 - Close File
Second Reading:
To Mayor:
Returned:
Effective:
Published:
REMARKS:
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
Chung
Elarionoff
Holschuh
Jacobson
Leithead-Todd
Reynolds
Safarik
Tyler
ROLL CALL VOTE
AYES
NOES
ABS
EX
Arakaki
Chung
Elarionoff
Holschuh
Jacobson
Leithead-Todd
Reynolds
Safarik
Tyler
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM AND LEGALITY:
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
Date
Approved/Disapproved this
,20
MA YOR, CO LINTY OF HA WAII
COUNCIL CHAIRMAN
COUNTY CLERK
Bill No.:
day Reference:
Ord No.:
189
C-423/FC-248